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(영문) 서울중앙지방법원 2016.01.22 2014가단5336900
손해배상(기)
Text

1. The Defendant’s KRW 14,48,951 as well as the Plaintiff’s KRW 5% per annum from December 22, 2012 to January 22, 2016, and the following.

Reasons

1. Occurrence of liability for damages;

A. The Plaintiff was employed by the Defendant’s C company (hereinafter “instant company”). On December 22, 2012, when he was employed by the Defendant, the Plaintiff waiting for food in a restaurant as a cafeteria by waiting for meals. On December 22, 2012, D, an employee at the restaurant of the instant company, was in the left shoulder, both grandchildren and knee, etc. of the Plaintiff by putting in the Plaintiff a hot national water, which is located in the restaurant of the instant company.

(hereinafter referred to as "the accident of this case". (b)

According to the above facts of recognition of liability, the defendant is liable to compensate D's employer for damages incurred to D's plaintiff in connection with its execution of duties.

C. Limit of liability, however, there is negligence that the plaintiff was not aware of his own safety.

Therefore, in consideration of the above negligence of the plaintiff, the defendant's liability is limited to 80%.

【Ground for Recognition: Unsatisfy, Gap evidence 3 and 9 (including branch numbers if there are branch numbers); hereinafter the same shall apply)

(1) No. 1, B’s evidence, the purport of the entire pleadings

2. In addition to the matters stated below within the scope of liability for damages, each corresponding item of the Schedule of Calculation of Compensation for Damages shall be as follows, and in principle, the period for the convenience of calculation shall be calculated on a monthly basis, but less than the last month and less than KRW 1 shall be discarded.

The calculation of the current value at the time of the accident shall be based on the reduction rate of 5/12 percent per month to deduct the interim interest.

In addition, it is rejected that the parties' arguments are not stated separately.

Personal information 1) Personal information: as stated in the “basic matters” list of the amount of damages calculated in the annexed sheet, 2) the Plaintiff’s monthly income is recognized as the daily wage of an ordinary worker during the operating period, and the number of operating days shall be deemed to be 22 days a month and the operating period by the age of 60.

3 The results of the physical examination of the director of the medical school of the school of the first generation of this Court and the whole purport of the arguments are as follows: the ratio of the latter disability and the labor ability loss rate A, the number of evidence Nos. 1 to 3 and 9.

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